CITY OF BOISE. Resolution to approve BPD Memorandum of Understanding regarding extended officer authority for DUI investigations

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1 CITY OF BOISE TO: FROM: Mayor and Council Jill Baker Musser RESOLUTION NUMBER: R DATE: September 2, 2009 SUBJECT: Resolution to approve BPD Memorandum of Understanding regarding extended officer authority for DUI investigations ACTION REQUIRED: Passage of resolution. RECOMMENDATION: Passage of resolution. FISCAL IMPACT/BUDGET IMPLICATIONS: None is anticipated. BACKGROUND: Law enforcement agencies located in Canyon and Ada counties have come together regarding the problem of driving under the influence. Often drunk drivers will begin in one county or city and end up in another. One city or county may be the location of a major event that draws crowds of people who may drink, and those same people will drive home to their neighboring city or county. In order to assist each other with prevention and apprehension, the agencies of the two counties have agreed on a Memorandum of Understanding that will grant peace officer authority to the officers of the participating agencies when they cross city and county lines to investigate or assist in investigations of driving under the influence. This will also allow the different agencies to assist each other on saturated driving under the influence patrols for major events and holidays. ATTACHMENTS: Unsigned copy of the Memorandum of Understanding. Involved agencies are currently in the process of obtaining all needed signatures on the original.

2 RESOLUTION BY THE COUNCIL: BISTERFELDT, CLEGG, EBERLE, JORDAN, SHEALY AND TIBBS A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE SHERIFF S OFFICES OF CANYON AND ADA COUNTY, AND THE POLICE DEPARTMENT OF THE CITIES OF BOISE, GARDEN CITY, MERIDIAN, NAMPA, AND CALDWELL TO GRANT AUTHORITY TO POLICE OFFICERS FOR EACH AGENCY TO EXERCISE PEACE OFFICER AUTHORITY IN THE JURISDICTION OF THE OTHER AGENCIES WHILE ENFORCING LAWS AGAINST DRIVING UNDER THE INFLUENCE; RATIFYING THE SIGNATURE OF THE CHIEF OF POLICE ON SAID MEMORANDUM OF UNDERSTANDING; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Boise Police Department is authorized to enter into mutual assistance agreements with other public agencies pursuant to Idaho Code ; and WHEREAS, driving under the influence of alcohol or drugs is a serious and continuous problem plaguing law enforcement which often crosses jurisdictional boundaries; and WHEREAS, the communities which are served by the parties to this agreement suffer negative impacts from this crime and will benefit from a collaborative effort on the part of law enforcement to enforce laws against driving under the influence. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF BOISE CITY, IDAHO: Section 1. That the Memorandum of Understanding by and between the Sheriff s Offices of Canyon and Ada County, and the Police Departments of the cities of Boise, Garden City, Meridian, Nampa and Caldwell, a copy of said Memorandum of Understanding marked Exhibit A attached hereto and incorporated herein by reference, be, and the same is hereby, approved as to both form and content. Section 2. That the signature of the Chief of the Boise Police Department upon said Memorandum of Understanding be, and hereby is, ratified by passage of this Resolution. R

3 Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval ADOPTED by the Council of the City of Boise, Idaho, this day of, APPROVED by the Mayor of the City of Boise, Idaho, this day of, APPROVED: ATTEST: MAYOR CITY CLERK

4 Exhibit A MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING by and between the Sheriff s Offices of Canyon and Ada County, and the police departments of the cities of Boise, Garden City, Meridian, Nampa, and Caldwell, is entered into for the purpose of establishing a mutual aid compact and granting authority to officers in each agency to exercise peace officer authority in the jurisdiction of the other agencies specifically for driving under the influence traffic enforcement and investigations. RECITALS WHEREAS, the parties to this agreement are law enforcement agencies of the State of Idaho authorized to enter into mutual aid compacts pursuant to Idaho Code ; and WHEREAS, driving under the influence of alcohol or drugs is a serious and continuous problem plaguing law enforcement which often crosses jurisdictional boundaries; and WHEREAS, the communities which are served by the parties to this agreement suffer negative impacts from this crime and will benefit from a collaborative effort on the part of law enforcement to enforce laws against driving under the influence. NOW THEREFORE, in consideration of the mutual terms and conditions and the recitals set forth above, the Sheriff s Offices of Canyon and Ada County, and the police departments of the cities of Boise, Garden City, Meridian, Nampa, and Caldwell understand as follows: 1. Purpose The purpose of this Memorandum of Understanding is to provide authority by which officers of the participating law enforcement agencies may conduct law enforcement stops and investigations of the crime of driving under the influence of alcohol or drugs in neighboring communities and counties. This Memorandum of Understanding will make it possible for the participating agencies to act in collaboration to enforce state laws prohibiting this serious crime and to take joint action in prevention programs. This Memorandum of Understanding is not intended to create a separate legal entity. 2. Consent to Extension of Peace Officer Authority The participating Sheriffs and Chiefs of Police, acting in their capacity as the head of their respective offices and departments, extends authority to act as a peace officer within their jurisdiction, with regards to law enforcement investigations of the crime of driving under the influence of alcohol or drugs, to all acting peace officers employed by the agencies which are a party to this Memorandum of Understanding, which officers are assigned specifically to or requested to 1

5 Exhibit A conduct driving under the influence criminal investigations and/or traffic stops. Such authority is also granted to peace officers employed by the agencies which are a party to this Memorandum of Understanding who are asked to assist a party agency whether or not such officer routinely conducts investigations of driving under the influence crimes. All powers, privileges, rights and responsibilities of each peace officer acting outside his jurisdiction but pursuant to this Memorandum of Understanding shall be the same as when the peace officer is acting within the jurisdiction of the officer s employing agency. 3. Procedures Requests for assistance under this Memorandum of Understanding should be made through currently established lines of communication between the agencies. When it is known that a request will encompass a considerable amount of officer time and resources, the requesting agency shall communicate directly to an officer in a command status. Officers entering the jurisdiction of another agency under the provisions of this Memorandum of Understanding shall notify the on-duty supervisor of the jurisdictional agency of the officer s presence and purpose. Officers who are employed by the jurisdictional agency shall have the primary responsibility for making and processing arrests within their jurisdiction. If an officer makes a physical arrest outside the county from which his employing agency is located, that officer must relinquish custody of the suspect to an officer who has primary jurisdiction in the county where the arrest is made. All officers involved in an investigation outside their jurisdiction retain the responsibility to prepare a report and forward such report to the primary law enforcement agency of the jurisdiction. All officers involved in an investigation outside their jurisdiction pursuant to this Memorandum of Understanding retain the responsibility to cooperate fully with the prosecuting agency of the jurisdiction in which the crime occurred, including the responsibility to honor all subpoenas. Individuals designated by the parties may mutually establish pre-determined problem areas which shall be a focus of the enforcement activities under the Memorandum of Understanding. This agreement may be supplemented with schedules and lists of personnel that would be requested under these circumstances. The parties may also establish mutual training sessions and standardized equipment and procedures to more effectively carry out the purpose of this Memorandum of Understanding. 2

6 4. Standard of Conduct Exhibit A Each peace officer acting in accordance with this Memorandum of Understanding shall maintain standards of professional conduct required by the officer s current departmental policies and procedures. It shall be the sole duty and responsibility of an officer s employing agency to determine if there has been a breach of professional standards. Each agency shall have the responsibility to notify its officers of restrictions of jurisdiction or peace officer status due to a breach of professional standards, or other action that would limit peace officer authority for the officer. Where an officer-involved shooting, deadly force incident, or critical incident occurs involving one or more of the agencies involved, the Critical Incident Task Force (CITF) of the county in which the incident occurred shall be automatically activated and the respective CITF Agreement shall be subscribed to by all participating agencies. 5. Liability Assumption of liability shall be as prescribed by I.C (4), as well as any other state of federal laws consistent with I.C The employing agency shall be responsible for, and assume any liability arising from, the acts of its employees participating in police actions regardless of which jurisdiction is the point of occurrence. 6. Amendment, Duration and Termination This Memorandum of Understanding may be amended by agreement of all parties. This agreement shall remain in full force and effect until terminated upon thirty (30) days written notice by any party to all other signing parties. The effective date of such notice shall be three (3) days after the date of posting with the United States Postal Service. Such notice shall be sent to the Sheriff or Chief of Police of each participating agency. This Memorandum of Understanding shall be effective upon the execution of each party affixing an authorized signature and date to this original document. IN WITNESS WHEREOF, the respective parties hereby give their consent and do execute this Memorandum of Understanding by and through their authorized representative. 3

7 Exhibit A CANYON COUNTY SHERIFF S OFFICE Title: Date: ADA COUNTY SHERIFF S OFFICE NAMPA POLICE DEPARTMENT CALDWELL POLICE DEPARTMENT BOISE POLICE DEPARTMENT Title: Date: MERIDIAN POLICE DEPARTMENT Title: Date: GARDEN CITY POLICE DEPARTMENT By: 4

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